Lesuma v Minister for Immigration and Citizenship No 2 [2007] FCA 2106

FEDERAL COURT OF AUSTRALIA

Lesuma v Minister for Immigration and Citizenship No 2 [2007] FCA 2106 MIGRATION – cancellation of visa – where decision of Minister affirmed by Administrative Appeals Tribunal – whether exercising discretion "not to cancel" visa is proper interpretation of discretion conferred by statute. Migration Act 1958 (Cth), s 501(2) Al-Kateb v Godwin (2004) 219 CLR 562 cited Doukmak v Minister for Immigration and Multicultural Affairs 114 FCR 432 followed Evans v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 180 cited Goldie v Minister for Immigration and Multicultural Affairs 56 ALD 321 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 230 ALR 370 cited Ross v Minister for Immigration and Multicultural and Indigenous Affairs 107 FCR 1 cited Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 172 cited ILIMO TULEVU LESUMA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR NSD1982 OF 2007

EMMETT J

19 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1982 OF 2007

BETWEEN: ILIMO TULEVU LESUMA

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: EMMETT J

DATE OF ORDER: 19 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT:

1. Grants leave to the applicant to file an amended application raising the grounds referred to in the submissions filed by the applicant on 17 December 2007. 2. Directs that any such application be filed no later than 28 December 2007. 3. Orders that the decision of the second respondent of 4 September 2007 be set aside. 4. Orders that the matter be remitted to the second respondent for further consideration according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA